The verdict followed a month-long trial and is the first time the Cook IVC has been found defective in one of thousands of cases consolidated in multidistrict litigation in Indiana district court.

Share with Email

sending now...

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

IVC blood filter

An Indianapolis jury awarded $3 million in the third bellwether case of allegedly defective intravenous blood filters manufactured by Cook Medical Inc.—one of two primary makers of the devices involved in multidistrict litigation.

The jury declined to award punitive damages following the monthlong trial.

It’s the first time the Cook IVC has been found to be defective in the MDL. A jury found for the defense in 2017, and the second was dismissed on summary judgment last year after the court deemed it time-barred.

But a Texas state court jury awarded $1.2 million against the company in a failure to warn case last year.

More than 10,000 cases involving IVC complaints have been filed nationwide in state and federal courts, the vast majority naming Cook and a second manufacturer, Bard Medical, as defendants.

Cook’s general counsel said the verdict will be appealed.

“We appreciate the jury’s thoughtful approach and rejection of punitive damages as well as unreasonably high demands for compensatory damages,” said Cynthia Kretz, vice president and general counsel for Cook Medical.

“While we respectfully disagree with the compensatory damages and verdict, we appreciate the time and hard work of the jury,” Kretz said. “We never want to see a patient with a poor outcome and we’re sorry that this patient experienced a very rare complication.”

Cook’s trial counsel, Charles Weber and Andrea Pierson of Faegre Baker Daniels in Minneapolis, did not reply to request for comment.

IVC filters are implanted in the large vein carrying blood to a patient’s heart from the lower body to filter out blood clots that can cause a pulmonary embolism.

Many of the complaints involve cases where the filters dislodged or broke apart, traveling through patients’ bloodstreams into the heart or lungs.

Brand’s complaint was filed in Georgia’s Northern District before being combined with multidistrict litigation in Indiana’s Southern District before Judge Richard Young.

In her case, a Cook IVC inserted prior to spinal fusion in 2009 fragmented, and in 2011 a portion broke through the the vein and skin of her thigh. Another piece was found to have lodged near her spine, where it remains.

“Permanent IVC filters have been used successfully since the 1950s to prevent coagulation in high-risk patients,” Hammers said. “The idea of temporary filters, a retrievable filter, created a market opportunity to have them put in until the risk subsided.”

“The problem with these filters is that they can create a cascading effect of complications: they would tilt, perforate the vein, and fracture,” he said.

In an interview, Brand’s lawyers said the evidence indicated that Cook knew there were problems with device before it went on the market.

“From the very beginning, the company knew they had design problems that could cause injury to the patients, and they didn’t do anything to address those concerns,” Baughman said.

Brand’s complaint also included claims for failure to warn, but Young dismissed them on summary judgment.

Jurors heard from 10 experts during the trial, including key testimony from cardiovascular specialist Harlan Krumholz of the Yale School of Medicine.

“He testified that there were multiple warning signs about the use of these filters,” Baughman said, and that there were severe risks and very little benefit.

The jury deliberated for more than 11 hours Thursday, coming in after midnight with a verdict for $3 million. They came back Tuesday for about five hours of trial on punitives before deciding none were warranted.

Because the judge had ruled that only the design defect claims could proceed, much of the evidence concerning Cook’s efforts to market the devices to doctors could not be presented to the jury for the punitive damages stage, Williams said.

“We had other evidence that their marketing decisions showed a complete indifference to the well-being of the patients,” he said.

“When you’re asking for punitives, you’ve got to prove by clear and convincing evidence that there was reckless indifference on the part of defendant,” he said.

“I don’t think the jury felt we met that burden,” he added.

Hammers hailed the decision a “landmark” verdict “because it is the first verdict finding the design of a retrievable filter is defective, and this verdict is also the highest compensatory award of any case tried to date.”

Thousands of cases involving Bard have been consolidated into an MDL in Arizona before Judge David Campbell. A jury there awarded $3.6 million last year to a woman who required open-heart surgery to remove fragments of an IVC that fractured in 2014.

Greg Land

Greg Land covers topics including verdicts and settlements and insurance-related litigation for the Daily Report in Atlanta.

Recommended Stories

Steven Anderson, who denied striking a woman who alleged that he hit her across the face with a hat and then threw it at her before pulling her out of bed by the arm, previously served as GC at the Tampa Port Authority, the Tampa Sports Authority, the Hillsborough County Property Appraiser’s office and the Tampa-Hillsborough County Expressway Authority.

Jacqueline “Jaci” Lee was promoted to general counsel at Flynn Restaurant Group, which owns and operates more than 1,200 restaurants nationwide, including Applebee’s Neighborhood Grill & Bar, Arby’s, Taco Bell and Yum Brands restaurants, as well as Panera Bread.

Featured Firms

Law Offices of Mark E. Salomone

2 Oliver St #608

Boston,
MA02109

857-444-6468

www.marksalomone.com

Gary Martin Hays & Associates
P.C.

235 Peachtree St NE #400

Atlanta,
GA30303

800-898-4297

www.garymartinhays.com

Smith & Hassler

225 N Loop W #525

Houston,
TX77008

(877) 777-1529

www.smithandhassler.com

Presented by BigVoodoo

More from ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.

From Data to Decisions

Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Savvy law leaders should join this webcast to explore how inefficient and antiquated business operations are hindering success, areas to consolidate and streamline operations, and how emerging technologies can help achieve these operational efficiencies.

GREENBAUM ROWE SMITH & DAVIS LLP

BLICK LAW

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.